A. Purpose:
1. Within the districts established by this title, lots, structures, and uses of land and structures may exist which were lawful at the time this title was adopted or amended, but which would be prohibited or regulated under the terms of this title or future amendments. The intent of this section is to permit these nonconformities to continue until they are removed, but not to encourage their survival. This title further intends that nonconformities shall not be enlarged, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
2. Nonconforming uses are declared by this title to be incompatible with permitted uses in the same district. However, to avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this title and which actual building construction has been carried on diligently. "Actual construction" is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation, demolition or removal of an existing building has substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction; provided, that work shall be carried on diligently.
B. Nonconforming Lots Of Record:
1. Single Lot: In any district, notwithstanding other limitations imposed by this title, structures permitted in a district may be established on any single lot of record on the effective date hereof. The lot must be in separate ownership and not of contiguous frontage with other lots of the same ownership. A lot of record that does not meet lot area or lot width requirements must meet all other requirements of the district.
2. Two Or More Lots Under Single Ownership: If two (2) or more nonconforming lots with contiguous frontage in single ownership are of record at the time of passage or amendment hereof, and if any of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this title, and no portion of this parcel shall be used or sold in a manner which diminishes compliance; nor shall any division of any parcel be made which creates a lot with width or area that fails to meet the requirements stated in this title.
C. Nonconforming Uses Of Land Or Structures: Where, at the time of passage hereof, a lawful use of land or a structure exists which would not be permitted by the regulations imposed by this title, the use may be continued where it remains otherwise lawful, provided:
1. Enlarged, Increased Or Extended: A nonconforming use may not be enlarged or increased, nor extended to occupy a greater area of land or structure than was occupied on the effective date of adoption or amendment hereof;
2. Moved: No nonconforming use may be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use on the effective date of adoption or amendment hereof;
3. Cease In Use: Should any nonconforming use cease for any reason for a period of more than one year, any subsequent use of the land or structure shall conform to the regulations specified by this title for the district in which such land is located;
4. Erection Of Additional Nonconforming Structure: No additional nonconforming structure shall be erected in connection with such nonconforming use of land or structures.
D. Nonconforming Structures: Where a lawful structure exists on the effective date of adoption or amendment hereof, but becomes nonconforming under the terms of this title by reason of restrictions on area, lot coverage, height, yards, location on the lot, or other requirements concerning the structure, such structure may be continued, provided it remains otherwise lawful, subject to the following provisions:
1. Enlargement Prohibited: A nonconforming structure may not be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
2. Destruction: Should a nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be reconstructed except in compliance with the provisions of this title.
3. Moved: Should a nonconforming structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
4. Repair; Maintenance: Nothing in this title shall be deemed to prevent the routine repair and maintenance of a nonconforming structure.
5. Strengthening, Restoring To Safe Condition: Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any officials charged with protecting the public safety, upon order of such official. (Ord. 01-07, 12-11-2001)
A. Intent: The provisions of this section are intended to govern miscellaneous issues that may arise in more than one district. (Ord. 01-07, 12-11-2001)
B. Animals:
1. Districts Allowed: Dogs and cats are allowed in all residential districts. Hens are allowed by conditional use permit in the R-1, R-4, MU and M-H residential districts.
2. Commercial Care In Residential Districts: The commercial breeding, care, raising or keeping of any animal is prohibited in residential districts.
3. Livestock: "Livestock", as defined in section 8-2-2 of this title, shall not be maintained in any district within the corporate limits of Colstrip, except that livestock is permitted in the R-3 residential district for personal, noncommercial use.
4. Livestock Fenced Or Confined: All livestock is to be appropriately fenced or confined to the owner's property. It shall be unlawful for any owner to allow livestock to run at large within the city limits. (Ord. 2013-02, 6-11-2013, eff. 7-11-2013)
5. Chickens:
a. Authorization: The city of Colstrip will implement an expedited conditional use permitting process allowing up to eight (8) chicken hens (female Gallus gallus domesticus) in areas zoned for single-family dwellings within the R-1, R-4, MU and M-H residential districts.
b. Permitting Process: Through the permitting process, the city of Colstrip will establish reasonable permitting conditions. The permit fee is twenty five dollars ($25.00) annually. Permitting conditions are subject to oversight by the city council.
c. Revocation Of Permit: The city of Colstrip may, upon reasonable grounds of violations of the permit conditions, revoke such permit. The revocation must be in writing and identify the reasons the permit is being revoked.
d. Appeal: Any party believing that the basis for revocation was arbitrary or in bad faith may appeal that decision directly to the mayor. The mayor may reinstate the permit upon proof that the revocation of the permit was not in good faith.
e. Maintaining Chickens Without Permit: Unless a permit under this section is obtained, maintaining chickens shall constitute a zoning violation, in accordance with this code.
f. No Changes To Existing Zoning Code: Nothing contained in this subsection B5 shall be deemed to be a change of any other section of the existing zoning code. This subsection shall be construed solely as the allowing of chickens through the permit process, under the terms and conditions of this subsection B5 and the permitting conditions that are established. (Ord. 2013-01, 2-12-2013, eff. 3-15-2013)
C. Environment: Every use of property shall be carried on to preserve and protect the environment. The destruction, disturbance or damage to streams, ponds, springs, underground aquifers, soils or vegetation is strictly prohibited, except as may be required for the placement or construction of improvements or for the proper and orderly development of property. Sites or areas disturbed during construction or other activities shall be revegetated or restored. (Ord. 01-07, 12-11-2001)
D. Fences And Walls: Unless other provisions of this title specify otherwise, fences and walls are permitted in any required yard, provided no fence or wall along the edge of a front yard shall be more than forty eight inches (48") in height, but are still subject to the visibility of the intersections, as set forth in subsection E of this section.
In addition, all fences in residential, multiple use, open space, light industrial and commercial zoning districts shall be constructed from materials, including fence posts, wire mesh, boards, or rails, which are intended for the use of fences. Such fences should be maintained in good repair. Barbed wire is only allowed in the following zoning areas, R-3, open space and light industrial. (Ord. 06-08, 11-14-2006, eff. 12-15-2006)
E. Visibility At Intersections Or Along Curvilinear Streets:
1. Corner Lot: On a corner lot in any district for a distance of fifty feet (50') from the point of intersection along each street, nothing may be erected, placed, painted, planted, or allowed to grow in a manner that would impede the visibility of vehicles entering the intersection.
2. Curvilinear Streets: Along curvilinear streets, nothing may be erected, placed, planted, or allowed to grow in a manner that would impede the visibility of vehicles traveling on the street. (Ord. 01-07, 12-11-2001; amd. 2003 Code)
F. Mining: No mining, quarrying, or excavation shall be allowed within the corporate boundaries of Colstrip, except for excavation that may be necessary for the construction or placing of improvements permitted under these regulations.
G. Public Access: Every principal building erected or placed on a lot shall have legal and physical access to a public street, other than an alley, or an approved private street, and all structures shall be so located on lots as to provide required off street parking and safe and convenient access for emergency vehicles.
H. Access To Fire Hydrants: Nothing may be erected, placed, planted or allowed to grow in any manner that would obstruct or impede access to fire hydrants by the city fire department.
I. Screening And Buffering: Whenever a nonresidential use or off street parking area abuts a residential use, the use shall be effectively screened at the property line on all sides which adjoin or face the residential district or institutional use by an acceptably designed, sight obscuring wall, fence or planting screen. The fence, wall, or planting screen shall be not less than four feet (4') nor more than six feet (6') in height and shall be maintained in good condition. Where terrain or other natural features effectively serve as a screen, no wall, fence or planting screen is required.
J. Temporary Structures: No tent, shack, garage, automobile, or any other temporary dwelling is permitted for habitation.
K. Towers Or Windmills 1 : No tower, windmill, wind unit, or wind tower may be constructed or placed within the city limits, except by special authorization of each unit by the zoning commission under the procedures for granting a conditional use permit.
L. Water And Sewage: All buildings used for human occupancy shall be connected to the city water and wastewater systems. No private septic system or other private sewage treatment facility may be used or installed within the city. Septic systems existing at the time these regulations are adopted may be repaired or replaced.
M. Number Of Principal Structures On Lot: In any district, more than one structure housing a permitted or conditional principal use may be erected on a single lot; provided, that minimum yard areas and other requirements of this title are met for each structure as though it were located on an individual lot.
N. Flammable Materials: Any activity involving the use or storage of flammable or explosive materials must be entirely enclosed with protective fencing at least six feet (6') in height and be protected by adequate firefighting and fire prevention equipment and by normal safety devices. The activities must be set back not less than one hundred feet (100') from all lot lines. Such activities will be subject to the fire safety standards prescribed by the fire chief or other appropriate authority.
O. Bars, Taverns, Lounges, Nightclubs: No building, structure or premises shall be used as a bar, tavern, lounge, nightclub or any commercial establishment that serves alcoholic beverages within six hundred feet (600'), and on the same street, of any building used exclusively as a school, church, synagogue or other place of worship. The distance shall be measured in a straight line from the center of the nearest entrance of the place of worship or school to the nearest entrance of the proposed establishment. This distance restriction does not apply to establishments where sale of table wine and beer is solely in the original package for off premises consumption.
P. Other Required Licenses And Permits: Before the zoning officer may issue a zoning permit or conditional use permit under sections 8-1-9 and 8-1-10 of this title, the applicant must have obtained all licenses and permits required by other public agencies, including, but not limited to, the county sanitarian, Montana department of environmental quality, and Montana division of building codes.
Q. Junk Vehicles, Appliances, Construction Materials, And Debris:
1. Junk Vehicles And Appliances: All junk vehicles shall be concealed from public view. Any major household appliances including washers and dryers, dishwashers, refrigerators, freezers or similar appliances must be kept in an enclosed building. This subsection is also applicable to recreational vehicles and trailers if they fit within the description of junk vehicles.
2. Construction Materials: Any construction materials must not be stored outside an enclosed building unless an active building permit has been pursued and is current.
3. Combustible Materials: Logs, lumber, coal, and other combustible materials must be stored in an orderly manner, and in a manner in which it does not create a fire hazard. Any other collection of junk or rubbish, that involves the open storage of equipment, parts, tires, cardboard, old lumber, rags, batteries, mattresses, or other debris or discarded materials must be contained in an enclosed building.
4. Violation: Upon receipt of a complaint or an independent observation of the above zoning violation, all owners or responsible persons of the real estate on which any of these violations take place, shall have up to thirty (30) days after notification to remove the items from the property, place the items in an enclosed building or otherwise remedy the violation. Failure to remedy this complaint within the prescribed time period, shall be considered a violation of the zoning ordinance and the penalties set forth in 8-1-14 of this title shall be applied. (Ord. 01-07, 12-11-2001)
R. Propane, Butane, Liquefied Petroleum Tanks:
1. Any permanently placed propane, butane, or liquefied petroleum gas (LP gas) tanks shall conform to the currently adopted NFPA code.
2. Any service lines must be buried at least twelve inches (12") below grade.
3. The tank and any associated components must comply with state regulations and the National Fire Protection Association standards.
4. The tank must not be located within any front yard setback and must be located within property boundaries. (Ord. 06-08, 11-14-2006, eff. 12-15-2006)
S. Accessory And Temporary Uses Permitted: The following accessory and temporary uses are permitted in all districts:
1. Accessory buildings and uses incidental to the above uses.
2. Temporary buildings for and during construction only.
T. Underground Utilities: Any electrical, telephone, television cable or other utilities that are newly installed, expanded, replaced, or relocated must be installed underground in accordance with the applicable standards and regulations for the particular utility. (Ord. 01-07, 12-11-2001)
Notes
| 1 | 1. See section 8-1-10 of this title. |
Loading...